Joint Circular No. 29/LB-TT guiding certain provisions to implement the social insurance charter for military personnel and public security officers issued together with Decree No. 45/CP dated July 15, 1995 of the Government.

CIRCULAR

OF THE MINISTRY OF LABOUR - INVALIDS AND SOCIAL AFFAIRS - NATIONAL DEFENSE - INTERNAL AFFAIRS

GUIDELINES FOR IMPLEMENTATION OF CERTAIN PROVISIONS

OF THE SOCIAL INSURANCE REGULATIONS FOR MILITARY PERSONNEL AND POLICE

ISSUED TOGETHER WITH DECREE NO. 45/CP ON JULY 15, 1995 BY THE GOVERNMENT

___________________________

BASED ON DECREE NO. 45/CP OF JULY 15, 1995 OF THE GOVERNMENT ON THE ADOPTION OF THE SOCIAL INSURANCE REGULATIONS FOR OFFICERS, PROFESSIONAL SOLDIERS, NON-COMMISSIONED OFFICERS, AND SOLDIERS OF THE PEOPLE'S ARMY AND POLICE;

THE MINISTRY OF LABOUR - INVALIDS AND SOCIAL AFFAIRS - NATIONAL DEFENSE - INTERNAL AFFAIRS GUIDES THE IMPLEMENTATION OF CERTAIN PROVISIONS OF THE SOCIAL INSURANCE REGULATIONS FOR MILITARY PERSONNEL AND POLICE AS FOLLOWS:

 A. APPLICABLE OBJECTS

1. APPLICABLE OBJECTS OF 5 SOCIAL INSURANCE BENEFITS:

OFFICERS AND PROFESSIONAL SOLDIERS OF THE PEOPLE'S ARMY WHO ARE RECEIVING PAY UNDER THE MILITARY PAY SYSTEM.

OFFICERS, NON-COMMISSIONED OFFICERS, AND TECHNICAL STAFF OF THE POLICE WHO ARE RECEIVING PAY UNDER THE MILITARY PAY SYSTEM. - PERSONS IN THE SIGNALS DEPARTMENT WHO ARE RECEIVING PAY UNDER THE MILITARY PAY SYSTEM.

2. APPLICABLE OBJECTS OF 2 SOCIAL INSURANCE BENEFITS: ACCIDENT AND OCCUPATIONAL DISEASE ALLOWANCES AND DEATH BENEFITS:

NON-COMMISSIONED OFFICERS AND SOLDIERS OF THE PEOPLE'S ARMY;

NON-COMMISSIONED OFFICERS AND POLICE OFFICERS RECEIVING LIVING EXPENSES OF THE POLICE;

PERSONS IN THE SIGNALS DEPARTMENT RECEIVING LIVING EXPENSES LIKE NON-COMMISSIONED OFFICERS AND SOLDIERS.

THE OBJECTS MENTIONED IN POINTS 1 AND 2 ABOVE ARE COLLECTIVELY REFERRED TO AS MILITARY PERSONNEL AND POLICE.

B. SOCIAL INSURANCE BENEFITS

I. SICKNESS ALLOWANCE

1. MILITARY PERSONNEL AND POLICE WHO ARE ELIGIBLE FOR SICKNESS ALLOWANCE AS PROVIDED IN ARTICLE 6 ARE ACTIVE SERVICE PERSONNEL RECEIVING PAY AND CONTRIBUTING TO SOCIAL INSURANCE AS REQUIRED.

2. THE PERIOD FOR CALCULATING SICKNESS ALLOWANCE IS CALCULATED IN WORKING DAYS (EXCLUDING SUNDAYS AND PUBLIC HOLIDAYS AS PROVIDED IN DECREE NO. 195/CP OF DECEMBER 31, 1994 OF THE GOVERNMENT AND THE LAW ON OFFICERS OF THE VIETNAMESE PEOPLE'S ARMY).

3. THE PERIOD OF LEAVE FOR FAMILY PLANNING MEASURES AS PROVIDED IN CLAUSE 3 OF ARTICLE 6 IS AS FOLLOWS:

WOMEN WHO HAVE AN ABORTION ARE ENTITLED TO 20 DAYS OF LEAVE IF THE PREGNANCY IS LESS THAN 3 MONTHS; 30 DAYS IF THE PREGNANCY IS 3 MONTHS OR MORE;

MEN WHO HAVE A VASCECTOMY AND WOMEN WHO HAVE A TUBAL LIGATION ARE ENTITLED TO 15 DAYS OF LEAVE.

WOMEN WHO HAVE AN INTRAUTERINE DEVICE INSERTED OR A DILATATION AND CURETTAGE ARE ENTITLED TO 7 DAYS OF LEAVE.

4. THE LEAVE PERIOD FOR CARE OF A SICK CHILD IN CASE THE CHILD IS ILL AND THE MOTHER HAS DIED, OR IS SEVERELY ILL, OR THE PARENTS ARE DIVORCED AND THE FATHER IS THE ONE CONTRIBUTING TO SOCIAL INSURANCE AND MUST DIRECTLY CARE FOR THE CHILD SHALL ALSO BE ENTITLED TO SICKNESS ALLOWANCE AS PROVIDED FOR THE MOTHER.

5. THE AMOUNT OF SICKNESS ALLOWANCE AS PROVIDED IN ARTICLE 7 IS CALCULATED AS FOLLOWS:

6. THE PAY USED AS THE BASIS FOR CALCULATING SICKNESS ALLOWANCE OF THE PREVIOUS MONTH BEFORE LEAVING INCLUDES: RANK PAY OR GROUP PAY AND ANY ALLOWANCES FOR SENIORITY, ZONE, POSITION, AND DANGEROUS WORK (IF ANY).

 II. MATERNITY ALLOWANCE

1. FEMALE MILITARY PERSONNEL AND POLICE WHO ARE ELIGIBLE FOR MATERNITY ALLOWANCE WHEN GIVING BIRTH FOR THE FIRST OR SECOND TIME AS PROVIDED IN ARTICLE 8 INCLUDE:

- PERSONS GIVING BIRTH FOR THE FIRST TIME TO ONE CHILD, AND FOR THE SECOND TIME TO ONE CHILD;

- PERSONS GIVING BIRTH FOR THE FIRST TIME TO ONE CHILD, AND FOR THE SECOND TIME TO TWO OR MORE CHILDREN;

- PERSONS GIVING BIRTH FOR THE FIRST TIME TO TWO OR MORE CHILDREN;

- PERSONS WHO HAVE A CHILD FROM A PREVIOUS RELATIONSHIP AND THEN MARRY AND GIVE BIRTH TO A CHILD WITH THEIR CURRENT HUSBAND;

- PERSONS WHO DO NOT HAVE A CHILD FROM A PREVIOUS RELATIONSHIP AND MARRY A HUSBAND WHO HAS A CHILD FROM A PREVIOUS RELATIONSHIP AND GIVE BIRTH TO A CHILD WITH THEIR CURRENT HUSBAND.

- UNMARRIED PERSONS WHO HAVE A CHILD ARE ELIGIBLE FOR MATERNITY ALLOWANCE WHEN GIVING BIRTH FOR THE FIRST TIME;

IN THE CASES OF GIVING BIRTH MENTIONED ABOVE, IF THE CHILD DIES, THE SUBSEQUENT BIRTH WILL BE ELIGIBLE FOR MATERNITY ALLOWANCE.

2. THE AMOUNT OF MATERNITY ALLOWANCE AS PROVIDED IN ARTICLE 12 IS IMPLEMENTED AS FOLLOWS: a. ALLOWANCE FOR LEAVE TO ATTEND PREGNANCY CHECK-UPS AND ABORTIONS IS CALCULATED BY DAY:

b. ALLOWANCE FOR LEAVE TO GIVE BIRTH OR TO CARE FOR A NEWBORN IS CALCULATED BY MONTH:

c. IN ADDITION TO THE ALLOWANCE PROVIDED IN POINTS a AND b ABOVE, THERE IS AN ALLOWANCE OF ONE MONTH'S PAY FOR CONTRIBUTING TO SOCIAL INSURANCE AT THE TIME OF GIVING BIRTH. THE PAY USED AS THE BASIS FOR CALCULATING MATERNITY ALLOWANCE IS CALCULATED AS DIRECTED IN POINT 6 OF SECTION I OF THIS CIRCULAR.

 III. ACCIDENT AND OCCUPATIONAL DISEASE ALLOWANCE
OCCUPATIONAL DISEASES

1. THE MEDICAL EXPENSES AND PAY AS PROVIDED IN ARTICLE 14 ARE IMPLEMENTED AS FOLLOWS:

THE UNIT MANAGING MILITARY PERSONNEL AND POLICE CONTINUE TO PAY SALARY DURING THE PERIOD THAT MILITARY PERSONNEL AND POLICE ARE ON LEAVE FOR TREATMENT DUE TO WORK-RELATED ACCIDENTS;

IN CASE OF EMERGENCY TREATMENT AT CIVILIAN HOSPITALS, THE UNIT MANAGING MILITARY PERSONNEL AND POLICE WILL COVER MEDICAL EXPENSES INCLUDING EXAMINATION, TREATMENT, HOSPITAL FEES, AND DIETARY SUPPLEMENTS (IF ANY) ACCORDING TO THE PARTIAL HOSPITAL FEE CHARGING REGIME AS PROVIDED IN DECREE 95/CP OF AUGUST 27, 1994 OF THE GOVERNMENT.

2. STANDARDS AND YEARS OF USE FOR EQUIPMENT TO ASSIST IN DAILY LIFE AS PROVIDED IN ARTICLE 18 ARE AS FOLLOWS:

PERSONS WHO HAVE LOST A LEG ARE ENTITLED TO A PROSTHETIC LEG, WITH A USAGE PERIOD OF 3 YEARS AND ANNUALLY RECEIVE 2 SOCKS MADE OF FIBER, 1 PAIR OF COTTON SHOES, AND 1 PAIR OF SOCKS. IF THEY DO NOT USE A PROSTHETIC LEG, THEY ARE ENTITLED TO A WOODEN CRUTCH WITH A USAGE PERIOD OF 2 YEARS;

PERSONS WHO HAVE LOST AN ARM ARE ENTITLED TO A PROSTHETIC ARM, WITH A USAGE PERIOD OF 5 YEARS AND ANNUALLY RECEIVE 2 SOCKS MADE OF FIBER, AND 1 PAIR OF SOCKS.

PERSONS WHO HAVE LOST AN EYE ARE ENTITLED TO AN ARTIFICIAL EYE, WITH A USAGE PERIOD OF 3 YEARS;

PERSONS WHO HAVE LOST TEETH ARE ENTITLED TO DENTURES, WITH A USAGE PERIOD OF 3 YEARS;

PERSONS WHO ARE PARALYZED, OR PARTIALLY PARALYZED, OR BOTH LEGS ARE PARALYZED, OR BOTH LEGS ARE AMPUTATED ARE ENTITLED TO A WHEELCHAIR OR WALKING FRAME ONCE AND ANNUALLY RECEIVE A SET OF TIRES AND A SEAT PAD, AND REPLACEMENT OF PARTS WHEN DAMAGED.

PERSONS WHO ARE DEAF IN BOTH EARS ARE ENTITLED TO A HEARING AID ONCE.

IN CASE THE EQUIPMENT MENTIONED ABOVE IS DAMAGED BEFORE THE END OF THE PERIOD DUE TO THE USER'S FAULT, THEY MUST COVER THE REPAIR COSTS THEMSELVES. IF THE EQUIPMENT ISSUED BY THE SOCIAL INSURANCE AUTHORITY DOES NOT MEET QUALITY REQUIREMENTS, THE SOCIAL INSURANCE AUTHORITY MUST REPAIR IT OR ISSUE REPLACEMENT EQUIPMENT.

3. The social insurance agency directly managing the subject shall be responsible for introducing military personnel and public security officers who have suffered work-related accidents to be provided with appropriate means suitable for their impaired functions and paying the cost of purchasing such provided means; travel expenses for going to obtain or receive such provided means, and repair or replacement costs for provided means that do not meet quality standards.

4. The provisions for military personnel and public security officers who have suffered work-related accidents upon discharge (as specified below):

If they meet the retirement conditions stipulated in Articles 23, 24, and 27, they shall be entitled to both work injury allowance and monthly retirement benefits;

If they do not meet the conditions for monthly retirement benefits, they shall be entitled to work injury allowance and discharge allowance as prescribed in Decision No. 595/TTg dated December 15, 1993 of the Prime Minister.

5. Military personnel and public security officers enjoying the occupational disease benefits prescribed in Article 22 are those suffering from occupational diseases listed in this Circular.

 IV. RETIREMENT REGIME

1. The period of social insurance contributions required for retirement under Articles 23 and 24 is the continuous working period and contribution period corresponding to the time specified, if the working period and contribution period are intermittent, they shall be accumulated.

2. The period of social insurance contributions in cases prescribed in Clause 2, Article 23 for reducing retirement age shall be calculated as follows:

a. Having worked for at least 15 years in heavy, hazardous jobs or positions with social insurance contributions made according to the salary levels of such jobs or positions, if intermittent, the periods shall be accumulated.

For officers who have worked for at least 15 years in heavy, hazardous jobs or positions and received salaries and social insurance contributions based on rank pay, they also fall within the scope of reduced retirement age calculation.

b. Having worked for at least 15 years in areas with regional allowances of factor 0.7 or higher with social insurance contributions made according to salary levels including regional allowances, if intermittent, the periods shall be accumulated.

c. Having served for at least 10 years in the South before April 30, 1975; in Laos before August 31, 1989, or on international missions (excluding study periods and diplomatic missions), as specifically prescribed as follows:

Having served for at least 10 years in one battlefield or on an international mission;

Having served in two battlefields or on international missions, accumulating at least 10 years;

Having served in three battlefields or on international missions, accumulating at least 10 years.

Military personnel and public security officers meeting two or three of the cases specified in Points a, b, and c shall only calculate the most advantageous case to implement the reduction in retirement age under Clause 2, Article 23.

Military personnel and public security officers having served in two or three of the cases specified in Points a, b, and c above but none of which meet the time requirements for reduced retirement age shall accumulate all three cases if they total 15 years, thus qualifying for reduced retirement age under Clause 2, Article 23 (when accumulating, overlapping factors must be excluded).

Example: A male military officer aged 50 has contributed to social insurance for 25 years, including the following periods as prescribed in Clause 2, Article 23:

a. From March 1962 to March 1968 (6 years) in heavy, hazardous jobs.

b. From April 1968 to April 1975 (7 years) in the South.

c. From May 1975 to May 1980 (5 years) in an area with a regional allowance factor of 0.7.

None of the above cases meet the time requirement for reduced retirement age, but the officer can accumulate all three cases (Point a is 6 years + Point b is 7 years + Point c is 5 years = 18 years) to qualify for reduced retirement age under Clause 2, Article 23.

3. The method of calculating the monthly pension level prescribed in Article 25 is as follows:

a. Those retiring under Article 23:

Having contributed to social insurance for 15 years, it is calculated as 45% of the average monthly salary for social insurance contributions, and for each additional year (12 months) of contributions thereafter, an additional 2% up to a maximum of 75% of the average monthly salary for social insurance contributions.

b. Those retiring with a lower pension level under Article 24:

Those retiring under Clause 1, Article 24 shall calculate the monthly pension level as described in Point a above, but for each year retired before the age of 55 for males and 50 for females as stipulated in Clause 1, Article 23, 2% of the average monthly salary for social insurance contributions shall be deducted.

Example: A male military officer aged 50 has contributed to social insurance for 28 years, with a 61% reduction in work capacity, retiring with a lower pension level. The monthly pension ratio is calculated as follows:

Calculating the pension ratio according to the guidance in Point a:

15 years equal 45%

From the 16th to the 28th year, adding 26%;

Totaling 71%

+ Calculating the pension ratio reduction due to retiring before age 55:

55 years - 50 years = 5 years

5 years x 2% = 10%

The monthly pension ratio of the officer above is:

71% - 10% = 61% of the average monthly salary for social insurance contributions.

Those retiring under Clause 2, Article 24 shall calculate the monthly pension level as described in Point a above, but for each year retired before the age of 50 for males and 45 for females as stipulated in Clause 2, Article 23, 2% of the average monthly salary for social insurance contributions shall be deducted;

Example: A male military officer aged 42 has contributed to social insurance for 26 years, including 15 years in particularly heavy jobs, with a 61% reduction in work capacity, retiring with a lower pension level. The monthly pension ratio is calculated as follows:

Calculating the pension ratio according to the guidance in Point a:

15 years equal 45%

From the 16th to the 26th year, adding 22%;

Totaling 67%

Calculating the pension ratio reduction due to retiring before age 50:

50 years - 42 years = 8 years

8 years x 2% = 16%

The monthly pension ratio of the officer above is:

67% - 16% = 51% of the average monthly salary for social insurance contributions.

Those retiring under Clause 3, Article 24 shall calculate the monthly pension level as described in Point a above: Having contributed for 15 years, it is calculated as 45% of the average monthly salary for social insurance contributions, and for each additional year (12 months) of contributions from the 16th to the 19th year, an additional 2%, up to a maximum of 53% of the average monthly salary for social insurance contributions.

Military personnel and public security officers who retire with a pension lower than that specified in Clause 1 and 2 of Article 24, if they have social insurance periods or working time before the Social Insurance Regulations took effect, which is considered as having contributed to social insurance before the age of 16, shall have each year of work before the age of 16 counted at 2% of the average monthly salary for social insurance contributions to be deducted from the total percentage of the reduced pension due to early retirement. However, the maximum amount deducted cannot exceed the percentage of the reduced pension due to early retirement.

Example: A male military personnel who entered service in the army at the age of 14, has 30 years of social insurance contributions including 15 years in particularly arduous jobs, retires at the age of 46 due to a 61% reduction in working capacity and receives a lower pension. The monthly pension rate is calculated as follows:

Calculate the pension rate according to the guidance at point a:

15 years equal 45% From the 16th to the 30th year, an additional 30% Total equals 75%

Calculating the pension ratio reduction due to retiring before age 50:

50 years old - 46 years old x 2% = 8%

The above military personnel has 2 years of service before the age of 16, equivalent to 4%, which is deducted from the total percentage to be reduced due to early retirement:

8% - 4% = 4%

The monthly pension of the above military personnel is 75% - 4% = 71% of the average monthly salary for social insurance contributions.

4. One-time allowance upon retirement as stipulated in Clause 3 of Article 25 applies to military personnel and public security officers who retire with a monthly pension as prescribed in Articles 23 and 24, or those waiting until the required age to receive a monthly pension as prescribed in Article 27, if they have more than 30 years of social insurance contributions. The calculation of the one-time allowance upon retirement is from the 31st year onwards, for each year (full 12 months) of social insurance contributions, the allowance is half a month of the average monthly salary for social insurance contributions, but not exceeding five months.

Example: A military personnel eligible for retirement has 42 years of social insurance contributions, the one-time allowance upon retirement is calculated as follows: From the 31st to the 42nd year, there are 12 years of social insurance contributions. Since each year of social insurance contribution entitles to half a month of the average monthly salary for social insurance contributions, it amounts to six months but the regulation limits it to a maximum of five months. Therefore, the above military personnel will receive a one-time allowance upon retirement equivalent to five months of the average monthly salary for social insurance contributions.

5. Military personnel and public security officers waiting until the required age to receive a monthly pension as prescribed in Article 27 are as follows:

a. Those with 20 years or more of social insurance contributions under normal conditions, males wait until they are 55 years old, females wait until they are 50 years old.

b. Those with 20 years or more of social insurance contributions, during which they have 15 years of work in arduous or hazardous jobs; or 15 years in areas with regional allowances of factor 0.7 or higher; or 10 years in battlefields, males wait until they are 50 years old, females wait until they are 45 years old.

c. Males with 30 years of military service, females with 25 years of military service, males wait until they are 50 years old, females wait until they are 45 years old.

d. Those waiting until the required age to receive a monthly pension must submit a voluntary confirmation letter from their unit head and establish a retirement file like other retirees to send to the social insurance agency. The social insurance agency is responsible for managing, monitoring, and resolving the monthly pension when the age requirement is met.

In the period of waiting until the required age to receive a monthly pension, if they are re-employed and contribute to social insurance at units or enterprises implementing mandatory social insurance, this working period contributing to social insurance is added to the previous working period contributing to social insurance before waiting for retirement resolution to calculate the monthly pension. If during the waiting period, their working capacity decreases by 61% or more, they will be resolved according to the provisions of Clause 1 or Clause 2 of Article 24, and if they die, their family will receive the death benefit as prescribed in Section V of the Social Insurance Regulations.

6. The method of calculating the average monthly salary for social insurance contributions as the basis for calculating the monthly pension and one-time allowance upon retirement as prescribed in Article 26 is as follows:

a. Calculate the average monthly salary for social insurance contributions in the last five years before retirement according to the formula:

The monthly salary serving as the basis for social insurance contributions to calculate the monthly pension and one-time allowance upon retirement includes: rank salary or group grade salary, seniority allowance calculated based on the last month of the salary grade, position allowance (if applicable).

Example: A Major General Bureau Chief with 35 years of social insurance contributions, retired in December 1998, the salary for social insurance contributions in the last five years before retirement is as follows:

From 1-12-1993 to 31-12-1995 is 25 months.

- From 1-1-1996 to 30-11-1998 is 35 months

The method of calculating the average monthly salary for calculating the pension is as follows:

- From 1-12-1993 to 31-12-1995:

- From 1-01-1996 to 31-11-1998:

The total salary for the last 60 months serving as the basis for social insurance contributions is:

25,464,000 VND + 40,215,000 VND = 65,679,000 VND

The average monthly salary for the last five years to serve as the basis for calculating retirement pay is:

The monthly pension of the Major General Bureau Chief is:

1,094,650 VND x 75% = 820,987.5 VND

b. For those retiring whose social insurance contributions in the last five years before retirement were made under both the old and new salary systems, the conversion of the old salary to the new salary for calculating the average is as follows:

- Before April 1, 1993, convert the salaries received according to Decree No. 235/HĐBT dated September 18, 1985 of the Council of Ministers (now the Government) to corresponding salaries including seniority allowances and position allowances (if applicable) according to Decree No. 25/CP dated May 23, 1993 of the Government for calculation purposes.

- As of April 1, 1993, the salary levels (full salary levels) including seniority allowances and position allowances (if any), as prescribed in Decree No. 25/CP dated May 23, 1993 and Decree No. 05/CP dated January 26, 1994 of the Government, shall be used for calculation.

Example 1:

For a Senior Colonel serving as Deputy Division Commander with 30 years of social insurance contributions, retiring in April 1996, the monthly salary used as the basis for social insurance contributions in the last five years before retirement is:

- From March 31, 1991 to March 31, 1993 is 24 months

- From April 1, 1993 to March 31, 1996 is 36 months

The method of calculating the average monthly salary for calculating the pension is as follows:

- From March 31, 1991 to March 31, 1993:

- From April 1, 1993 to March 31, 1996:

The total salary used as the basis for social insurance contributions over 60 months is: 20,825,280 VND + 35,726,400 VND = 56,551,680 VND

The average monthly salary for the last five years to serve as the basis for calculating retirement pay is:

The monthly pension of the Senior Colonel Deputy Division Commander is:

942,528 VND x 75% = 706,896 VND

Example 2:

A high-ranking professional military personnel with 28 years of social insurance contributions, retiring in November 1995, the salary used as the basis for social insurance contributions in the last five years before retirement is:

- From October 31, 1990 to March 31, 1993 is 29 months

- From April 1, 1993 to November 1, 1995 is 31 months

The method of calculating the average monthly salary for calculating the pension is as follows:

- From October 31, 1990 to March 31, 1993:

- From April 1, 1993 to November 1, 1995:

The total salary for the last 60 months serving as the basis for social insurance contributions is:

23,151,744 VND + 26,569,728 VND = 49,721,472 VND

The average monthly salary for the last five years to serve as the basis for calculating retirement pay is:

The monthly pension of the high-ranking professional military personnel is:

828,691.2 VND x 71% = 588,370.37 VND

c. For military personnel and public security officers, if they only contribute to social insurance based on one salary level in the last five years before retirement, that salary level is the average salary for calculation purposes.

 V. DEATH BENEFITS REGIME

1. The minimum wage for calculating funeral expenses as stipulated in Article 29 shall be implemented according to the guidance at point 1, Section C of this Circular.

2. The dependents who were directly supported by military personnel and public security officers while alive as stipulated in Article 30 are those living in the same household. In cases where they do not live in the same household but still bear the main responsibility for support, such dependents also enjoy monthly pension benefits.

3. Monthly pension for children still in school as stipulated in Clause 1, Article 30 applies to children attending general schools, universities, colleges, vocational high schools, or vocational training institutions, whether state-owned, private, or public.

4. The number of dependents entitled to monthly pension benefits as stipulated in Clause 2, Article 31 is as follows:

In addition to four dependents, if the family has additional dependents meeting the conditions for monthly pension benefits who are disabled, chronically ill, or economically disadvantaged below the local standard of living, the Director of the Department of Labor, Invalids, and Social Affairs of each province or centrally-administered city shall prepare a report and submit it to the Ministry of Labor, Invalids, and Social Affairs for consideration and resolution.

5. Dependents entitled to monthly pension benefits but have stable income sufficient to meet the minimum living standard (minimum wage) shall not receive monthly pension benefits.

6. One-time pension as stipulated in Article 32 applies to the families of military personnel and public security officers who die without any dependents entitled to monthly pension benefits.

7. The average salary in the last five years before death of military personnel and public security officers for calculating one-time assistance as stipulated in Article 33 shall be implemented according to the calculation method specified in point 6, Section IV of this Circular.

 C. IMPLEMENTATION

1. The national minimum wage set by the Government for calculating certain benefits stipulated to be based on the minimum wage is currently 120,000 VND as prescribed in Decree No. 25/CP dated May 23, 1993 of the Government.

2. Procedures for applying for social insurance benefits for military personnel and public security officers shall be carried out according to current regulations of the State until new regulations are issued.

3. The list of occupations or jobs classified as heavy, hazardous, or extremely heavy, extremely hazardous work is established by the Ministry of Labor, Invalids, and Social Affairs and the Ministry of Health.

4. For military personnel and public security officers who have been discharged from service (retired and receiving social insurance benefits as stipulated in Decree No. 66/CP dated September 30, 1993 of the Government), the procedures for handling are as follows:

Those receiving monthly pensions shall recalculate the average of their social insurance contributions in the last five years before retirement to determine their pension amount according to this Circular and shall start receiving it from January 1, 1995.

Those who retired according to Decree No. 66/CP from January 1, 1995, if the one-time benefit upon retirement calculated according to Clause 3, Article 25 is higher than the one-time benefit received under Decree 66/CP, they will receive the difference.

Military personnel and public security officers discharged from service on or after January 1, 1995, who received separation benefits according to Decision No. 595/TTg dated December 15, 1993 of the Prime Minister, if they meet the conditions stipulated in Clauses 1 and 2, Article 24, shall be entitled to monthly retirement benefits at a lower rate and must repay the separation benefits already received.

Military personnel and public security officers who suffered work-related injuries or occupational diseases resulting in a reduced ability to work between 31% and 60%, who have been granted one-time benefits since July 1, 1994, shall be recalculated to receive monthly benefits according to Article 15 and must repay the one-time benefits already received.

Military personnel and public security officers who died from January 1, 1995 onwards, their families shall be granted pension benefits at the levels prescribed in Articles 29, 30, 31, 32, and 33. The dependents of military personnel and public security officers who died before January 1, 1995 and were receiving monthly pension benefits shall have their benefit levels adjusted to 40% of the minimum wage from January 1, 1995 onwards.

This Circular takes effect from January 1, 1995. All previous regulations concerning social insurance for military personnel and public security officers that conflict with this Circular are hereby abolished.

Any difficulties encountered during implementation should be promptly reported to the Joint Ministry for consideration and resolution.

 LIST

OCCUPATIONAL DISEASES ENTITLED TO SOCIAL INSURANCE BENEFITS
ON OCCUPATIONAL DISEASES

(As stipulated in Circulars No. 08/TT-LB dated May 19, 1976 and No. 29/TT-LB dated December 25, 1991 issued by the Joint Ministry of Health - Labor - War Invalids and Social Affairs - General Confederation of Trade Unions of Vietnam)
December 25, 1991 (Jointly issued by the Ministry of Health - Ministry of Labor, Invalids and Social Affairs - Vietnam General Confederation of Labor)

1. Lead poisoning and lead compounds;

2. Benzene poisoning and its homologues;

3. Mercury poisoning and mercury compounds;

4. Silicosis;

5. Asbestosis;

6. Manganese poisoning and manganese compounds;

7. Radiation and X-ray exposure;

8. Occupational deafness due to noise;

9. Skin ulcers, nasal septum ulcers, dermatitis, contact dermatitis;

10. Pigmented skin disease;

11. Occupational vibration syndrome;

12. Cotton dust pneumoconiosis;

13. Occupational tuberculosis;

14. Occupational viral hepatitis;

15. Occupational leptospirosis;

16. TNT (Trinitrotoluene) poisoning.